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General terms and conditions of sale

Shipping, Returns and Refunds
These terms and conditions govern online purchases made through www.termedilurisia.it by individuals residing in the following countries: Italy and France
1. GENERAL PROVISIONS
1.1. These general conditions of sale (hereinafter, “General Conditions”) govern all sales of Terme di Lurisia products and services concluded at a distance on the website www.termedilurisia.it
1.2. The distance selling service governed by the General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”); ‘consumers’ means natural persons, over 14 years of age, acting for purposes outside their trade, business, craft or profession.
1.3. Customers are required to read carefully the General Terms and Conditions, available on the Site, in order to become familiar with them, memorize them and reproduce them. Istituto Idrotermale di Lurisia S.r.l (as defined below) will transmit a copy of the General Conditions to the Client in accordance with the provisions of Article 5.10 of these General Conditions below. Contracts concluded with Customers will be archived by Istituto Idrotermale di Lurisia S.r.l for the period required by current regulations.
2. IDENTIFICATION OF THE SELLER
2.1. The seller is Istituto Idrotermale di Lurisia S.r.l, having its registered office at Via San Domenico 6, Legnano (20025), Italy, Business name: Istituto Idrotermale di Lurisia S.r.l
Tax code, VAT number and RI registration number: 12063410158
REA No.: 1522804
Share Capital: € 61,400
3. PRODUCT-RELATED INFORMATION AND ITS AVAILABILITY
3.1. Information about the Products, along with their price, is available on the Site.
3.2. The Products available on the Site represent a selection of the items normally available in stores; however, Istituto Idrotermale di Lurisia S.r.l does not guarantee to the Customer that the Products available on the Site will also be found in stores. The graphical representation of the Products displayed on the Site may differ from reality; therefore, the Customer should rely only on the description of the Product and its features shown on the Site.
3.3. Istituto Idrotermale di Lurisia S.r.l reserves the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Site. The style, patterns, and colors of the Products described on the Site may be changed without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified. Istituto Idrotermale di Lurisia S.r.l can in no case be held liable to the Customer due to the unavailability of a Product.
3.4. The Customer may include in the order proposal a maximum quantity determined by Istituto Idrotermale di Lurisia S.r.l per individual Product.
3.5. Istituto Idrotermale di Lurisia S.r.l is in no case responsible for any errors resulting from the failure of the Customer’s connection to the Site.
4. PRICE
4.1. The price of the Products shown on the Site is in Euros and is inclusive of all applicable taxes or duties. Delivery charges, shown separately on the order form, must be added to the price of the Products.
4.2. Istituto Idrotermale di Lurisia S.r.l constantly verifies the accuracy of the prices listed on the Site; however, it is not possible to guarantee the absence of errors. In the event that an error is found in the price of a Product, Istituto Idrotermale di Lurisia S.r.l will reject the order and offer the Customer the opportunity to purchase the Product at the correct price.
5. CONCLUSION OF THE CONTRACT
5.1. The Site reports the essential features and price of each Product. The information on the Site does not constitute an offer by Istituto Idrotermale di Lurisia S.r.l
5.2. Before sending an order proposal through the Site, the Customer is required to carefully read all instructions provided during the purchase process (including regarding delivery costs, conditions for exercising the right of withdrawal and the Privacy Policy) as well as these General Terms and Conditions.
5.3. To make the purchase of a Product, the Customer must place the selected Product in the “Shopping Cart” by clicking on the appropriate button, fill in the required data, select the method of payment, accept the General Conditions and transmit the proposed order to Istituto Idrotermale di Lurisia S.r.l via the Website.
5.4. The transmission of the order proposal constitutes a purchase proposal relating to the selected Product, governed by these General Conditions and binding on the Customer (subject to the right of withdrawal provided for in Article 11 below). Transmission of the order proposal by the Customer entails the Customer’s obligation to pay the price of the Product, or Products, ordered.
5.5. Before submitting the proposed order, the Customer has the opportunity to make any corrections/changes to the data entered by following the appropriate procedure indicated on the Site (by way of example but not limited to, the Customer has the right to change the quantity of the Products he/she intends to purchase by adding or removing one or more Products from the “Shopping Cart”).
5.6. Subject to the use of personal data described in the Privacy Policy, the form with the order proposal and the Customer’s data related to the order proposal may be retained by Istituto Idrotermale di Lurisia S.r.l for the period of time required by current legislation.
5.7. The contract between Istituto Idrotermale di Lurisia S.r.l and the Customer is concluded when the Customer receives confirmation from Istituto Idrotermale di Lurisia S.r.l of acceptance of the proposed order submitted through the procedure provided on the Website. Acceptance (or rejection) by Istituto Idrotermale di Lurisia S.r.l of the proposed order will be transmitted to the Customer at the e-mail address indicated by the Customer in the proposed order (“Order Confirmation”).
5.8. Istituto Idrotermale di Lurisia S.r.l may reject an order proposal (in which case no amount will be owed by the Customer to Istituto Idrotermale di Lurisia S.r.l except, possibly, the amounts indicated in Article 6 below) in the following cases:
in case of non-availability of the Products (subject to Articles 3.3 and 5.9);
in the event that the payment made by the Customer fails (by way of example, in the event that the purchase price is not charged to the Customer’s credit card);
where there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes;
in the event that the Client fails to fulfill its obligations arising from a previous contract concluded with Istituto Idrotermale di Lurisia S.r.l
5.9. In case of non-availability of one or more ordered Products, the Customer will be notified by e-mail. In such an event, the proposed order is cancelled, or accepted limited to the Products available. In case of partial acceptance, the Customer shall only pay the price related to the available Products (if payment is made by credit card, the Customer will be charged only the amount corresponding to the available Products).
5.10. In accordance with the provisions of Article 51, paragraph 7, of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, details of the price and payment method, information on delivery costs, the conditions and procedures for exercising the right of withdrawal, an indication of an address to which any complaints may be submitted, and information on after-sales services and existing commercial guarantees. The e-mail communication sent by Istituto Idrotermale di Lurisia S.r.l confirming that the Products have been shipped, in accordance with the provisions of Article 8.1 below (“Confirmation of Shipment”).
5.11. The risk of loss of or damage to the Products transfers to the Customer at the time the Customer (or a third party designated by the Customer and other than the carrier) takes physical possession of the Product.
6. METHOD OF PAYMENT
6.1. Istituto Idrotermale di Lurisia S.r.l accepts payments made by the following credit cards
Bank Transfer;
Satispay;
Visa;
MasterCard;
American Express;
Master;

6.2. Transactions will be charged to the Customer’s credit card only after:
credit card information has been verified;
charge authorization has been received from the company issuing the credit card used by the Customer.
6.3. In the event that, for any reason, it is not possible to charge the credit card with the amounts owed by the Customer, it will not be possible to execute the contract and the order shall be deemed cancelled.
7. TRANSPORTATION AND DELIVERY
7.1. The Products will be delivered to the address or BRT fermopoint indicated by the Customer in the order proposal.
7.2. For each order Istituto Idrotermale di Lurisia S.r.l will issue appropriate fiscal documentation. Any invoice should be requested before the purchase is concluded. No Invoices can be requested after the order is closed.
7.3. Delivery charges remain the responsibility of the Customer for amounts less than €54.90 and are highlighted separately on the order form.
7.4. Products purchased will be delivered by BRT courier by Istituto Idrotermale di Lurisia S.r.l (hereinafter “Courier”) approximately within five working days after purchase. In the absence of customer pickup, the package is automatically returned to Hydrothermal Institute of Lurisia S.r.l.
7.5. The Customer (or his delegate) is required to check, upon delivery of the Products by the Courier:
That the number of packages being delivered corresponds to the number indicated on the delivery note; andthat the packaging and its seals are intact, undamaged, not wet or altered in any way.
Any damage to the packaging and/or Product or mismatch in the number of packages or markings must be immediately challenged in writing on the Courier’s delivery note. Once the Courier’s document has been signed with no exceptions raised by the Customer, the Customer may not object to the external characteristics of the delivered package.
8. SHIPPING TIME AND COST
8.1 Products are shipped via BRT courier by Istituto Idrotermale di Lurisia S.r.l, for which a shipment tracking service is active.
Hydrothermal Institute of Lurisia S.r.l will not be responsible for any malfunctions in the delivery service by the courier.
In case of deliveries made at receptions or third persons (with signature for pickup by the receptionist or third person), Hydrothermal Institute of Lurisia S.r.l will not be responsible for subsequent non-delivery of the package to the final recipient.
If a destination country does not appear among those listed, it means that there are currently no plans to deliver products to that country. Since, however, Istituto Idrotermale di Lurisia S.r.l is considering expanding the list of countries to which it can make shipments, we recommend that you contact, comunicazioni@termedilurisia.it
8.2 SHIPPING CHARGES
A contribution of €4.90 is requested for delivery costs in Italy, €3.90 for BRT fermopoint deliveries and €7.50 for delivery costs in France. On the other hand, no contribution is required for orders over €54.90 (net of discounts, promotions and collection fees).
8.3 SHIPPING TIME
Products are delivered within 48h from the date of order receipt. Any delays in delivery may be caused by the temporary unavailability of products, malfunctions in service by the courier, force majeure, or during holidays. Delay in shipment may be caused by inability to withdraw the amount authorized for payment. (See: Debit payment). If you do not receive the goods within 5 working days (excluding Saturday and Sunday), please contact customer service at: comunicazioni@termedilurisia.it
The delivery times indicated by Istituto Idrotermale di Lurisia S.r.l must be considered as purely indicative and a delay with respect to them, or any delivery made by successive fractionated shipments, do not entitle the Customer to the refusal of the delivery itself and the request for compensation or indemnity.
9. CONFIRMATION OF SHIPMENT AND DELIVERY
9.1. Istituto Idrotermale di Lurisia S.r.l will send the Customer an e-mail Confirmation of Shipment following the shipment of the Products.
10. WRAPPINGS OR PACKAGING
10.1. Products purchased on the Site are delivered using the normal packaging used by Istituto Idrotermale di Lurisia S.r.l
11. RIGHT OF WITHDRAWAL AND REFUND
11.1 Pursuant to Art. 52 of the Italian Consumer Code and subject to the exclusions set forth in Art. 59 of the same code (see in particular the case of the purchase of clearly customized goods or the provision of sealed goods that are not suitable to be returned for hygienic reasons or related to health protection and have been opened after delivery), the Buyer has the right, within 7 working days after delivery of the purchased products, to exercise the Right of Withdrawal in the manner guaranteed by law, consisting of the right to return the products received and obtain a refund of the price paid, without penalty and without any reason. This right applies to all products contained on the site.
Products must be returned with their original packaging, accessories and anything else that came with them.
Without exception, opened or used packages will not be compensated.
In any case, the Customer will forfeit the right of withdrawal in cases where Istituto Idrotermale di Lurisia S.r.l ascertains that:
the returned product and/or its accessories, and/or its packaging are not intact;
the product is missing its original outer packaging and/or inner packaging;
the product is missing items integral to it and/or accessories;
The product has been opened.
In case of forfeiture of the right of withdrawal, Istituto Idrotermale di Lurisia S.r.l will return to sender the product purchased, charging the same shipping costs and, where already refunded, the price of the product.
11.2. To exercise the right of withdrawal, the Customer must carry out the following procedure, within the time limit provided in Article 11.1 above:
the user should write to: comunicazioni@termedilurisia.it
customer care will verify the request and if compliant will initiate the return procedure;
the customer receives email notification from the customer indicating: approval of the return containing the identification number (RMA ID), directions and instructions for shipping the package.
11.3. Within 7 (seven) days of the notice of withdrawal (sent in accordance with Article 11.2 above), the Customer must return to Istituto Idrotermale di Lurisia S.r.l the Product purchased by sending it to the following address: (insert shipping address of any return). The cost of returning the Product to Istituto Idrotermale di Lurisia S.r.l is the responsibility of the Customer. The Customer is solely responsible for any diminution in the value of the Product resulting from any handling of the Product other than that necessary to ascertain its nature and characteristics: therefore, the Customer is required not to remove any labels applied to the Product. The product must be returned undamaged without tampering or manipulation.
11.4. Istituto Idrotermale di Lurisia S.r.l will refund the sums corresponding only to the purchase of the products of sale and not from the incidental expenses/shipping, without undue delay and in any case no later than 7 (seven) days from the date on which Istituto Idrotermale di Lurisia S.r.l the product was returned and evaluated intact by Istituto Idrotermale di Lurisia S.r.l .
Such reimbursement will be made by Istituto Idrotermale di Lurisia S.r.l by bank transfer indicated by the Customer for the transaction, unless otherwise expressly agreed between the parties and provided that the Customer does not incur additional expenses as a result of such reimbursement. If the purchase was made using a discount code, the discount amount will not be refunded. The refund will only be for the amount actually spent on the product.
11.5. Istituto Idrotermale di Lurisia S.r.l may suspend the refund until receipt by Istituto Idrotermale di Lurisia S.r.l of the return or, if it occurs prior to such receipt, until the Customer provides proof of having returned the Product.
11.6. After the Product has been shipped, the order can no longer be cancelled or modified. The return of Products that have already been shipped must be made in all cases in accordance with the procedure set forth in this Article 11.
12. REPLACEMENT OF PRODUCTS
12.1. Without prejudice to the Customer’s rights provided for in Articles 11 and 13 of these General Conditions, Istituto Idrotermale di Lurisia S.r.l does not, in any case, grant the Customer the possibility of replacing the Products purchased on the Site with other products.
13. CONFORMITY DEFECTS
13.1. Should a Product sold by Istituto Idrotermale di Lurisia S.r.l have a manufacturing defect and in any case for any alleged conformity defect related to Products sold by Istituto Idrotermale di Lurisia S.r.l , the Customer is required to immediately contact online support at the address below: comunicazioni@termedilurisia.it.
13.2. The sale of the Products is subject to the legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code, as defined below. Pursuant to these regulatory provisions, the Customer has the right to have the goods restored to conformity by replacement. The Customer forfeits these rights if he/she does not report to Istituto Idrotermale di Lurisia S.r.l the lack of conformity within 1 month from the date he/she discovered such lack of conformity. The action aimed at asserting a lack of conformity not maliciously concealed by Istituto Idrotermale di Lurisia S.r.l is prescribed, in any case, in the term of 12 (twelve) months from delivery of the Product.
13.3. In the event that the Customer requests, within the terms set forth in this Article 13, the replacement of the Product due to a lack of conformity of the Product, the delivery costs related to the return to Istituto Idrotermale di Lurisia S.r.l of the Product to be repaired or replaced, as well as all costs related to the delivery to the Customer of the repaired or replaced Product, shall remain the responsibility of Istituto Idrotermale di Lurisia S.r.l
14. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
14.1. Istituto Idrotermale di Lurisia S.r.l guarantees the authenticity of all Products purchased on the Site. “Terme di Lurisia” branded Products are made with Italian materials, are packaged by Italian subcontractors, and are all MADE IN ITALY, with the sole exclusion of promotional products (pochettes/gadgets), which are made in other EU or non-EU countries.
14.2. The “Terme di Lurisia” trademark, as well as all figurative and non-figurative trademarks and service marks, found on the Products, their accessories and/or packaging, form trademarks, whether registered or not, as well as all illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of the following company Istituto Idrotermale di Lurisia S.r.l
15. APPLICABLE LAW AND JURISDICTION
15.1. These General Conditions and, consequently, the contracts concluded with Customers, are governed by Italian law and must be interpreted in accordance with it (including Legislative Decree No. 206 of September 6, 2005, “Consumer Code” and, in particular, “Chapter I, Title III of Part III” as well as Legislative Decree No. 70 of April 9, 2003, “E-commerce Decree”).
15.2. Any dispute arising from the interpretation, validity and/or execution of these General Terms and Conditions shall be submitted to the mandatory jurisdiction of the court of the place of residence or domicile of the Customer

 

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